EU Court Classifies Pets as Baggage, Sets Compensation Limits

UPDATE: The European Court of Justice (ECJ) has made a groundbreaking ruling that pets traveling on flights can be classified as baggage, meaning lost baggage compensation rules apply if they go missing. This urgent decision comes after a passenger’s dog disappeared during a flight from Buenos Aires to Barcelona on October 22, 2019.

The case arose when a mother and daughter were flying with their pet dog aboard a flight operated by Iberia Airlines. Due to size restrictions, the dog was supposed to travel in the hold, but it escaped while being transported to the aircraft and was never found. The devastated owner sought €5,000 in compensation for the emotional distress caused by the loss of her pet.

However, the ECJ ruled that the passenger could not claim this amount since she failed to make a special declaration regarding the pet at check-in. Iberia accepted responsibility but limited its liability to approximately €1,600, the standard compensation for lost baggage under the Montreal Convention.

The court’s ruling clarifies that while pets are typically seen as living beings, they fall under the category of baggage for air travel purposes. The ECJ emphasized that the term “baggage” can include pets, meaning that airlines are liable for costs related to lost pets, but only within the confines of standard baggage compensation limits unless a special declaration is made.

The implications of this ruling are significant for pet owners flying with their animals. It highlights the need for travelers to be aware of their rights and responsibilities when transporting pets by air. The ECJ also noted that the welfare of animals does not exempt them from being categorized as baggage.

As airlines continue to adapt to regulations, pet owners are urged to familiarize themselves with airline policies and consider making special declarations when traveling with pets to ensure adequate compensation in case of loss.

Stay tuned for further updates on this developing story, as the impact of this ruling reverberates through the airline industry and pet travel protocols.